Common use of Exclusion of Other Remedies Clause in Contracts

Exclusion of Other Remedies. Except as provided in this Section 9.8, following Closing, the indemnities provided in Section 9.2 and Section 9.3 constitute the only remedy of the Purchaser or the Vendor, respectively, against a Party in the event of any breach of a representation, warranty, covenant or agreement of such Party contained in this Agreement. The Parties acknowledge that the failure to comply with a covenant or obligation contained in this Agreement may give rise to irreparable injury to a Party inadequately compensable in damages. Accordingly, a Party may seek to enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual damage (and without requirement of posting a bond or other security). Each of the Purchaser and the Vendor expressly waives and renounces any other remedies whatsoever, whether at law or in equity, that it would otherwise be entitled to as against any other Party.

Exclusion of Other Remedies. Except as provided in this Section 9.89.7, following Closing, the indemnities provided in Section 9.2 and or Section 9.3 constitute the only remedy of the Purchaser or the Vendor, respectively, against a Party Parties in the event of any breach of a representation, warranty, covenant or agreement obligation of such Party any Vendor or the Purchaser, as applicable, contained in this Agreement. The Parties acknowledge that the failure to comply with a covenant or obligation contained in this Agreement may give rise to irreparable injury to a Party inadequately compensable in damages. Accordingly, a Party may seek to enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual damage (and without requirement of posting a bond or other security)jurisdiction. Each of the Purchaser and the Vendor Vendors expressly waives waive and renounces renounce any other remedies whatsoever, whether at law or in equity, that it which they would otherwise be entitled to as against any other another Party.

Exclusion of Other Remedies. Except as provided in this Section 9.89.7, following Closing, the indemnities provided in Section 9.2 and or Section 9.3 constitute the only remedy of the Purchaser or the Vendor, respectively, against a Party Parties in the event of any breach of a representation, warranty, covenant or agreement obligation of such Party any Vendor or any Purchaser, as applicable, contained in this Agreement. The Parties acknowledge that the failure to comply with a covenant or obligation contained in this Agreement may give rise to irreparable injury to a Party inadequately compensable in damages. Accordingly, a Party may seek to enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual damage (and without requirement of posting a bond or other security)jurisdiction. Each of the Purchaser Purchasers and the Vendor Vendors expressly waives waive and renounces renounce any other remedies whatsoever, whether at law or in equity, that it which they would otherwise be entitled to as against any other another Party.

Exclusion of Other Remedies. Except as provided in this Section 9.8, following Closing10.16, the indemnities provided in Section 9.2 and Section 9.3 this Article 10 constitute the only remedy of the Purchaser or the VendorSeller, respectively, against a the other Party in the event of any breach of a representation, warranty, covenant or agreement of such Party contained in this Agreement. The Parties acknowledge that the failure to comply with a covenant or obligation contained in this Agreement may give rise to irreparable injury to a Party inadequately compensable in damages. Accordingly, a Party may seek to enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual damage (and without requirement of posting a bond or other security). Each of the Purchaser and the Vendor Seller expressly waives and renounces any other remedies whatsoever, whether at law or in equity, that which it would otherwise be entitled to as against any other Party.